Abolition of death penalty recommended by Law Commission | Fusion - WeRIndia

The Law Commission has recommended what it is being called one of the biggest landmark decisions made. The abolition of death penalty in Indian Penal Code has been recommended by the Law Commission.

The law of the death penalty was laid down in Bachan Singh v. UOI (1980). The Supreme Court upheld the constitutionality of the penalty. However, the penalty was only applied in the rarest of rare cases in order to reduce the arbitrariness of the penalty. The court allowed the death penalty in Bachan Singh based on the 35^th report of the law commission.

Furthermore, the legal situation in country has changed a lot since the 35 years of Bachan Singh in 1980. At that time, only 18 countries have abolished the death penalty for all offences. However, by now about two thirds of the world has abolished the death penalty in law or in practice.

So far 98 countries abolished death penalty for all offences, seven have abolished the death penalty for ordinary crimes, and 35 countries have imposed an effective moratorium against the death penalty. When it comes to international criminal law, the death penalty has been abolished for even the most heinous offences which include genocide, crimes against humanity and war crimes.

The Supreme Court came to the decision that even when applied to the rarest of rare cases, the death penalty is still being applied arbitrarily.

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